Could Not See Oncoming Traffic Because Of Roadway Design

The investigating Highway Patrol officer cited Ms. Martell for failing to yield the right of way by pulling out into oncoming traffic. The driver of the broadsiding vehicle testified that he saw her stop at the stop sign and then pull out in front of him. Our case was that she did pull out in front of him because she did not have adequate sight distance to perceive and react to his approach, resulting in the accident. This was a strongly disputed case of liability, and defendants had filed a motion for summary judgment under a claimed immunity in that the plans for the subject location had been improved. The matter settled for $2.5 million.

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